Maxwell, has observed, his father has been patient for twenty-one years. The state is sensitive to the fact that any delay at this point must be difficult to stomach. Nonetheless, extremely serious charges remain pending. In two weeks, I promise the court, we can have a definite answer.â
Seeing in the judgeâs face that he was going to give her what she requested, I stood. âYour Honor, if I may be heard. I would ask that if the court is inclined to grant the stateâs request, which my client opposes, that Your Honor set this case not for a status conference but for a probable cause hearing.â A probable cause hearing, otherwise known as a preliminary hearing or preliminary examination, was a required stage in all felony cases.
âDo you have any authority for your entitlement to a probable cause hearing?â
âPenal Code Section 995. The conviction has been vacated, so weâre starting over. Essentially, itâs the same as if Mr. Maxwell had been arrested for the first time last week on suspicion of this murder. If the state wants to retry him, it should present its evidence now.â
âI agree,â Liu said, surprising me. âMs. Crowder, any reason why the state should not have to show probable cause?â
She rolled her eyes. âWeâve already shown it. Twenty-one years ago.â
âPrecisely. Youâve just told me that most of the people involved twenty-one years ago are now gone. That includes investigators, many of whom would need to be questioned about the physical evidence that I found was wrongfully withheld from the defense. If those people arenât available, then the defense wonât be able to question them. Mr. Maxwell will probably argue that as one reason why this case should be dismissed.â
I spoke up. âThe defendant expects to file a motion to exclude the use of any transcripts of testimony from the previous trial.â
The man we stood before now gave Crowder his best fuck-you smile. âAny thoughts, Ms. Crowder?â
âI donât have an argument prepared right now, Your Honor. We can brief the issue . . .â
âIâm sure that both sides will enlighten me when you file your briefs a week from today. Simultaneous briefing, please. Iâll grant the stateâs motion for a continuance and set this case for a probable cause hearing in two weeks. After that hearing, if necessary, Iâll also hear the defendantâs motion to dismiss this case. Anything else?â
I stood. âThe defendant requests bail.â
âWe can take that up after the hearing,â Crowder said.
The judge studied her. âNo,â he said. âI think weâll take it up now. What bail is the defense requesting?â
âTen thousand dollars.â A shot at the moon.
He didnât blink. âThatâs lower than the usual amount for a first-degree murder charge. A lot lower. Give me your reasons.â
I summarized my fatherâs clean prison record and the lack of any evidence that he posed a danger to anyone. With no money, credit cards, driverâs license, or passport, he posed no flight risk. âAs for my clientâs ties to the community, Iâll have to switch roles and speak not as Mr. Maxwellâs attorney, but as his son. For twenty-one years my father, my brother, and I have never stopped seeking his exoneration.â My feelings about my father were no oneâs business but my own. The truth, at least for me, was otherwise. But that was a private truth, one I had no desire to reveal in this public forum, with journalists scribbling or typing every word I said.
âThereâs no reason,â I continued, âhe should have to post such a high bail while the state dithers and delays the inevitable decision to dismiss these charges. We ask that the court recognize the special circumstances of this case and set bail at ten thousand dollars.â
I sat down and